New York Overtime Wage and Hour

Time and a Half:

Most employees have an absolute right to be paid one and one half times their Regular Rate of Pay for each hour they work beyond 40 hours in any given week. This is required by a federal law called the Fair Labor Standards Act (“FLSA”) as well as by the New York Labor Law and state wage regulations.

What if My Boss Says I am “Exempt” from Overtime?:

It is possible, but you might be “Misclassified”, and Misclassified people can sue for their back overtime which was not paid. To claim an exemption, employers have to strictly comply with all the rules of each particular exemption. If you work more than 40 hours and are not being paid time and a half, you should call us and find out if you have the legal right to bring an overtime claim.

Time and a Half is Based on Your Regular Rate of Pay:

If you are employed solely on the basis of a single hourly rate, that is usually your Regular Rate of Pay, see 29 CFR § 778.110. However, there are a lot of situations where this does not always apply. For example, if you earn $12 per hour, receive a production bonus in addition to your hourly rate, that bonus has to be added to your pay for the purpose of computing your Regular Rate, see 29 CFR § 778.110(b). However, for many people, especially if they are salaried, their Regular Rate of Pay (“RRP”) can be disputed, because some things should be added in, sometimes other things have to be taken out. In some cases, it will be higher than you or your employer might think it is. These calculations can be disputed in many situations, and can sometimes get complicated,

Commissions Also Increase your Regular Rate of Pay:

For example, if you are paid in both salary and commissions, the commissions you receive have to be included in calculating your Regular Rate of Pay, which means that you should be getting even more money for each overtime hour you work.

You Are Entitled to a Statement Telling you What Your Rate of Pay Is:

Your employer is required to give you a statement, in your primary language, showing your rate of pay and various other required information. Your employer is also required to maintain a copy of this statement with your signature. If this has not been properly done, your boss is liable to you for $5,000.00.

You Are Also Entitled to a Detailed Statement Every Payday:

Your Employer is required to list the dates of work covered by the payment, whether the pay is calculated by the hour, by the shift, by the week, by commission or by any other legal method. If this is not properly done, your boss is probably liable to you for another $5,000.00.

Travel Time:

If you have to travel from an office or central location to where you actually do your work, your travel time is work time and must be paid. Your employer does not have to pay you to commute between your home and your job, but if you have to go somewhere to clock in first, if you have pick up a vehicle, tools, or anything else you need before you actually go to the job, your travel time between your first stop and the place you actually work has to be paid. If you have any questions about this, you should call us because each case depends on its specific facts.

Meal Break Violations:

If you have to work through your meal break and your meal break time is subtracted from your total hours before your pay is calculated, that is a Wage and Hour violation, and you are entitled to be compensated for it.

If You Work More Than 10 Hours per Day or Work a Split Shift:

You may be entitled to an additional hour’s pay per day at the legal minimum wage. This is called “Spread of Hours”, and it is covered by New York State Law.

Calculating what you should be getting:

IS NOT something that you should trust your employer to do. It’s your livelihood, so if something seems unfair about the way you are being paid, or if you have a question, call the experienced Wage and Hour attorneys at the Law Offices of William Cafaro.

Law Offices of William Cafaro


108 West 39th Street
Suite 602
New York, NY, 10018


Fax: (212) 583-7401

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